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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.KALAIMATHI, J
T.B.Rajagopal – Appellant
Versus
Rajadurai (Died) – Respondent
| Table of Content |
|---|
| 1. factual background on parties, property, and rights (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defendants' factual and legal denial of plaintiffs' claims (Para 7) |
| 3. trial issues framed and evidence collected (Para 8 , 9) |
| 4. parties' detailed legal arguments on easement right (Para 10 , 11) |
| 5. plaintiffs’ evidence and relevant documents establishing property rights (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. advocate commissioner's site visits and report on pathway details (Para 20 , 21 , 22 , 23) |
| 7. plaintiffs’ oral evidence supported by advocate commissioner's report (Para 24 , 25) |
| 8. court's reasoned analysis affirming plaintiffs' easement rights (Para 26) |
JUDGMENT
Being aggrieved by the Order of dismissal, dated 25.02.2011 passed in A.S.No.18 of 2009 by the Sub-Court, Vaniyambadi, the defendants have preferred this Second Appeal.
2. Parties are indicated herein as per their litigative status and ranking before the trial Court.
3. Case of the plaintiffs is that the deceased 1st plaintiff's father and the defendants are pangalis. Defendants no.1 and 2 and one T.B.Ramasami Pillai are the sons of Bala Muthu Mandiri of Thekkupattu Village, Vaniyambadi Taluk as joint family. They
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